Since 2005, the eminent domain laws in the United States have become the tool of property seizure by the very rich, by corporations, and by states, towns, cities and villages for purposes other than what was truly intended by our Founding Fathers. Essentially, the Supreme Court gutted eminent domain in the Constitution.
The Fifth Amendment includes a due process clause stating that no person shall “be deprived of life, liberty, or property, without due process of law”.
The “Takings Clause”, the last clause of the Fifth Amendment, limits the power of eminent domain by requiring “just compensation” be paid if private property is taken for public use.
Since 2005, the qualification for “public use” has included such things as “economic development”, “slum clearance”, “property tax increases”, etc.
While there is a limited, legitimate need for seizing private property for public use, such as highway construction, some states, such as Illinois, have made the concept of public use exceedingly vague…to the extent that individuals can seize private property under the “economic development” aspect of eminent domain with only a promise that it will increase property taxes, even if it is never fulfilled.
Therefore, eminent domain seizures need to be restricted to only those situations that are clearly and obviously intended for “public use”. The use of eminent domain should be restricted to federal and state governments in a uniform manner across all states. Individuals and corporations should not be allowed to seize private property.